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High Court of Andhra Pradesh · body

2025 DAILYLAW 47444 (AP)

GORIPARTHI SURESH v. THE STATE OF ANDHRA PRADESH

CRLP/4445/2025 · 2025-05-05

T Mallikarjuna Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

/ b . \ •\ _\ IN THE HIGH COURT' oF ANDHRA PRADESH AT AMARAV TUESDAY ,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE : PRESENT: q.i THE HONOURABLE SRI JUSTICE I MALLIKARJUNA R CRIMINAL PETITION NO: 4445 OF 2025 Between : AND I 3369 ]\ EE Goriparthi Suresh, (Shown as A-5 in the Crl.MP.No.175 OF 2025) S/6 Nageswara Rao, Age 36 years, D.No.9-16, Thotla VaIIeru, 9th BIock. Thotla Valleru, Krishna District, AP, Now he is r/o H.No.1-16, Plot No.302, Ganga Apartments, Masab Tank (Near) Hyderabad, Telangana. House, Hyderabad, Petitioner/Accused No.5 State of Andhra Pradesh, Through its SHO, Ongole Taluka PS Rep.by.Public Prosecutor, High Court of A.P. Respondent/complainant I E=-E Petition under section 482 of BNSS, 2023 and Section 438 of Cr.P.C.,1973 is filed praying that I-n the Circumstances Stated in the affidavit filed in support of the CrimI'naI Petition, the HI-gh Court may be pleased to direct the Petitioner/Accused.No.5 be released on baI'I in the event of his arrest in connection with the Cr.No.724 OF 2024, Ongole Taluka PS dated 30.12.2024. 9rf/ lA NO: petition under section 528 of BNSS, 2023 is filed Praying that 'ln the ct[rcumstances stated in the affidavit filed in support of the petition, the High court may be Pleased tO PrSent Petitioner/A-5 be released On interim-bail in the event of arrest in connection with the cr.No.724 OF 2024, Ongole Taluka ps dated 30.12.2024, Pending disposal Of CRLP 4445 of 2025, on the file Of the High Court. ` .. The petition/Appeal coming On for hearing, upon Perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of sri DHEERA KANISHKA Advocate for the Pet|ltioner, PUBLIC PROSECUTOR (AP) for the Respondent and the Court made the fOllOW|lng. . ~/ THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 4445 of 2025 ORDER:- The Criminal Petition, under Section 482 of the BNSS, is filed on behalf of the petitioner herein/A5 to grant anticipatory bail in connection with crime No.724 of 2024 of Ongole Taluk Police Station, Prakasam District. 2. The above said crime was registered against the petitioner and others for the offence punishable under Sections 61(2),'204, 205,115(2), 308(6), 319(2) and 351(2) of the BNS. 3. Brief facts of the case are that, as per the Call for defaCtO complainant to arrange the debt amount of Rs.10 lakhs to him. Believing the words, he went to the house of A1, one unknown girl also present after 10 minutes. All of sudden, four people enter into the house wearing police uniform, two persons are SI one lady constable and one male constable one male Sl slapped on his cheek by saying that he raped an unknown girl and saying to file a rape case against him, later, they are threatened to remove the dress and put two powder packets beside him and covered a video on the pretext that they caught the drugs from him. Thereafter, they demanded to get 1.5 crores with an hour otherwise they will file rape and drug case against him and send t . }' t. \. 3 I;S JtrI 2 */ hl'm to J'aiI. Thereafter, they snatched white stone gold ring by forcjb[e and sent him out to get money. After an hour they order to bring money otherwise they will post same v,'deo to his family members and J'n SOCial medl'a. Al consp[-red to call h,'m to hl's house, threatened and extortI-On With dl-re consequences one and all are false a" are concocted storl'es created by defacto COmPIajnant. 4. Heard. perusedtherecord. 5. Learned counsel for the petitI'Oner submits that basing on the confessional statement ofA1, the petitioner herein is arrayed as accused. Except the said confessional statement, no other incriminating material is collected showing the complicity of the pe{l-tioner in the present crime. Moreover, Al to A4 were enlarged on bail. 6. On the other hand, learned Assistant public Prosecutor vehemently opposed the grant of bail {o the petjtjoner herein. Learned Assistant public prosecutor subml'ts that the investigation offI-Cer has not collected any material showing the transactions held between Al and defacto complal'nant. He further subml'ts that the petI-tiOner has no previous crI-minal antecedents. ''\ _ _i__I_I_LjE+_ .I . .1\ + '{i 3 /+ 7. On hearing both sides.and on perusal of the material on record, it is seen that the investigation officer has not collected any incriminating material against the petitioner, except the confessional statement. lt is submitted that the petitioner herein had permanent abode and there is no possibility of his fleeing away from the justice and hence, this Court is inclined to grant anticipatory bail to the petitioner herein', on the following conditions:. (i) The petitioner/A5 is directed to ,surrender before the Station House Officer concerned, wi'thin a period of two (2) weeks from the date of receipt of a copy of this order. On such surrender, the petitioner/A5 is ordered to be enlarged on bail on his executing a personal bond for Rs.20,000/- (Rupees twenty thousand' only) with two sureties for the like sum to the satisfaction of the Station House Officer I concerned. (ii) On release, the petitioner shall appear before the Station House Officer, concernedl once in a week i'.e., on every Sunday between 10.00 AM and 01.00 PM for a period of two (2) months. (iii) The petitioner shall make himself available for investigation as and when required and that he shall not € 4 ~/ cause any threat, inducement or promise to the prosecutI®On wI'tneSSeS. AccordI-ngly, the crjml'nal petition is allowed. MI-SCeIIaneous applicat,Ions pendl-ng, l'f any, sha" stand closed. a `. I `\ To, //TRUE COPY// sD/--SK MD.RAFl I AS S i STA Nan_G_i.S_I_R=A`R For / SECTION OFFICE_R 1. The Family Court-Gum-VIII Additional District Judge, Prakasam, Ongole. 2. The Station House Officer, Ongole Taluka Police Station, Prakasam Djstrjct. 3. One CC to SRI. DHEERA KANISHKAAdvocate [opuc] 4. Two CCs to Public Prosecutor (AP) High Court ofA.P., AmaravatI' [OUT]. 5. One spare copy HIGH COURT TMR,J DATED..06/05/2025 BAIL ORDER CRLP.No.4445 of 2025 ALLOWED =: 13MAV3Cffi